II 

118TH CONGRESS 

2D SESSION S. 4003 

To require employers to provide paid annual leave to employees, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 20, 2024 

Mr. SANDERS (for himself and Mr. PADILLA) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To require employers to provide paid annual leave to 

employees, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guaranteed Paid Vaca5 tion Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COMMERCE.—The terms ‘‘commerce’’ and 

9 ‘‘industry or activity affecting commerce’’— 


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•S 4003 IS

1 (A) mean any activity, business, or indus2 try in commerce or in which a labor dispute 

3 would hinder or obstruct commerce or the free 

4 flow of commerce; and 

5 (B) include ‘‘commerce’’ and ‘‘industry af6 fecting commerce’’, as defined in paragraphs 

7 (1) and (3) of section 501 of the Labor Man8 agement Relations Act, 1947 (29 U.S.C. 142(1) 

9 and (3)). 

10 (2) EMPLOYEE.—The term ‘‘employee’’ means 

11 an individual who is— 

12 (A)(i) an employee (as defined in section 

13 3(e) of the Fair Labor Standards Act of 1938 

14 (29 U.S.C. 203(e)) who is not covered under 

15 any other provision of this paragraph, including 

16 an employee of the Library of Congress, except 

17 that a reference in such section to an employer 

18 shall be considered a reference to an employer 

19 described in paragraph (3)(A)(i)(I); 

20 (ii) an employee of the Government Ac21 countability Office; or 

22 (iii) an employee of a covered employer de23 scribed in paragraph (3)(B)(i)(V); 

24 (B) a State employee described in section 

25 304(a) of the Government Employee Rights Act 


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•S 4003 IS

1 of 1991 (42 U.S.C. 2000e–16c(a)), other than 

2 an applicant for employment; 

3 (C) a tipped employee, as defined in sec4 tion 3(t) of the Fair Labor Standards Act of 

5 1938 (29 U.S.C. 203(t)), who is not covered 

6 under subparagraphs (B), (D), (E), or (F); 

7 (D) a covered employee, as defined in sec8 tion 411(c) of title 3, United States Code; 

9 (E) a covered employee, as defined in sec10 tion 101 of the Congressional Accountability 

11 Act of 1995 (2 U.S.C. 1301), other than an ap12 plicant for employment; or 

13 (F) a Federal officer or employee covered 

14 under subchapter V of chapter 63 of title 5, 

15 United States Code (without regard to the limi16 tation in section 6381(1)(B) of that title), who 

17 is not covered under subparagraph (D). 

18 (3) EMPLOYER.— 

19 (A) IN GENERAL.—The term ‘‘employer’’ 

20 means a person who is— 

21 (i)(I) a covered employer who is not 

22 described in any other subclause of this 

23 clause; 


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•S 4003 IS

1 (II) an entity employing a State em2 ployee described in section 304(a) of the 

3 Government Employee Rights Act of 1991; 

4 (III) an employing office, as defined 

5 in section 101 of the Congressional Ac6 countability Act of 1995; 

7 (IV) an employing office, as defined in 

8 section 411(c) of title 3, United States 

9 Code; or 

10 (V) an employing agency covered 

11 under subchapter V of chapter 63 of title 

12 5, United States Code; and 

13 (ii) engaged in commerce (including gov14 ernment), or an industry or activity affecting 

15 commerce (including government). 

16 (B) COVERED EMPLOYER.— 

17 (i) IN GENERAL.—In subparagraph 

18 (A)(i)(I), the term ‘‘covered employer’’— 

19 (I) means any person engaged in 

20 commerce or in any industry or activ21 ity affecting commerce who employs 

22 an employee for each working day 

23 during each of 20 or more calendar 

24 workweeks in the current or preceding 

25 year; 


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•S 4003 IS

1 (II) includes the Government Ac2 countability Office and the Library of 

3 Congress; 

4 (III) includes any public agency; 

5 (IV) includes— 

6 (aa) any person who acts, 

7 directly or indirectly, in the inter8 est of an employer covered by 

9 this clause to any of the employ10 ees of such employer; and 

11 (bb) any successor in inter12 est of such an employer; and 

13 (V) includes any carrier (as such 

14 term is defined in section 1 of the 

15 Railway Labor Act (45 U.S.C. 151)) 

16 and any carrier by air (as described in 

17 section 201 of such Act (45 U.S.C. 

18 181). 

19 (ii) PUBLIC AGENCY.—For purposes 

20 of clause (i)(III), a public agency shall be 

21 considered to be a person engaged in com22 merce or in an industry or activity affect23 ing commerce. 

24 (iii) DEFINITIONS.—For purposes of 

25 this subparagraph: 


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•S 4003 IS

1 (I) EMPLOYEE.—The term ‘‘em2 ployee’’ has the meaning given such 

3 term in section 3(e) of the Fair Labor 

4 Standards Act of 1938 (29 U.S.C. 

5 203(e)). 

6 (II) PERSON.—The term ‘‘per7 son’’ has the meaning given such term 

8 in section 3(a) of the Fair Labor 

9 Standards Act of 1938 (29 U.S.C. 

10 203(a)). 

11 (III) PUBLIC AGENCY.—The 

12 term ‘‘public agency’’ has the meaning 

13 given such term in section 3(x) of the 

14 Fair Labor Standards Act of 1938 

15 (29 U.S.C. 203(x)). 

16 (C) PREDECESSORS.—Any reference in 

17 this paragraph to an employer shall include a 

18 reference to any predecessor of such employer. 

19 (4) PAID ANNUAL LEAVE.—The term ‘‘paid an20 nual leave’’— 

21 (A) subject to subparagraph (B), means 

22 paid vacation leave, paid personal leave, paid 

23 leave provided on an annual basis (provided 

24 under this Act or otherwise), or any other form 

25 of paid leave provided to an employee by the 


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•S 4003 IS

1 employer of such employee to be used on days 

2 (other than nonworkdays established by State 

3 or Federal law) in which the employee would 

4 otherwise work and receive pay; and 

5 (B) does not include— 

6 (i) leave provided under the Family 

7 and Medical Leave Act of 1993 (29 U.S.C. 

8 2601, et seq.); or 

9 (ii) any form of sick leave. 

10 (5) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Labor. 

12 (6) SICK LEAVE.—The term ‘‘sick leave’’ means 

13 leave provided to an employee by the employer of 

14 such employee for reasons such as personal medical 

15 needs, family care or bereavement, care of a family 

16 member with a serious health condition, or adoption17 related purposes, including leave required to be pro18 vided for such reasons under State or Federal law. 

19 (7) STATE.—The term ‘‘State’’ has the mean20 ing given the term in section 3 of the Fair Labor 

21 Standards Act of 1938 (29 U.S.C. 203). 

22 SEC. 3. EARNED PAID ANNUAL LEAVE. 

23 (a) EARNING OF PAID ANNUAL LEAVE.— 

24 (1) EARNING OF ANNUAL LEAVE.—An employer 

25 shall provide each employee employed by the emVerDate Sep 11 2014 05:23 Apr 03, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4003.IS S4003

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1 ployer not less than 1 hour of paid annual leave for 

2 every 25 hours worked by the employee. 

3 (2) LIMIT.—For purposes of complying with 

4 paragraph (1), an employer shall not be required to 

5 provide more than 80 hours of paid annual leave to 

6 an employee during any 12-month period. 

7 (3) COMMENCEMENT OF EARNING PAID AN8 NUAL LEAVE.—An employee shall begin to earn paid 

9 annual leave at the commencement of employment of 

10 such employee. 

11 (4) OVERTIME EXEMPT EMPLOYEE.—For pur12 poses of this section, an employee who is exempt 

13 from overtime requirements under section 13(a)(1) 

14 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

15 213(a)(1)) shall be deemed to work 40 hours in each 

16 workweek. 

17 (b) USE OF PAID ANNUAL LEAVE.— 

18 (1) IN GENERAL.—Paid annual leave earned 

19 under subsection (a)(1) may be used by an employee 

20 for any reason. 

21 (2) TIMING.—Subject to paragraphs (2) and 

22 (3) of subsection (c) and except as provided in sub23 section (d)(2), an employee may use paid annual 

24 leave earned by the employee under subsection 

25 (a)(1)— 


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•S 4003 IS

1 (A) beginning on the 60th calendar day 

2 after the commencement of employment of such 

3 employee; or 

4 (B) at any time before such calendar day 

5 at the discretion of the employer of such em6 ployee. 

7 (3) RATE OF COMPENSATION.— 

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (B), an employee using paid an10 nual leave earned under subsection (a)(1) shall 

11 be compensated, for the period that the em12 ployee is using such leave, at the same rate at 

13 which the employee would have been paid for 

14 such period if the employee were not using the 

15 paid annual leave. 

16 (B) TIPPED EMPLOYEE.—For the pur17 poses of subparagraph (A), an employee de18 scribed in section 2(2)(C) shall be compensated, 

19 for the period that such employee is using paid 

20 annual leave earned under subsection (a)(1), at 

21 a rate equivalent to the greater of— 

22 (i) the minimum wage required under 

23 section 6(a) of the Fair Labor Standards 

24 Act of 1938 (29 U.S.C. 206(a)); 


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1 (ii) the applicable State minimum 

2 wage; or 

3 (iii) the applicable local minimum 

4 wage. 

5 (4) LOANING OF ANNUAL LEAVE.— 

6 (A) LOANED LEAVE.—An employer may 

7 loan paid annual leave to an employee for use 

8 by such employee in advance of the employee 

9 earning such paid annual leave under sub10 section (a)(1), including before the 60th cal11 endar day after the commencement of employ12 ment of such employee. 

13 (B) USE OF LOANED LEAVE.—Except as 

14 provided in subparagraph (C), paid annual 

15 leave loaned under subparagraph (A) shall be 

16 treated as if earned under subsection (a)(1). 

17 (C) REIMBURSEMENT FOR LOANED

18 LEAVE.— 

19 (i) IN GENERAL.—An employer may 

20 require an employee of such employer to 

21 reimburse the employer for any paid an22 nual leave loaned under subparagraph (A) 

23 that such employee has not earned at the 

24 time of the termination of the employment 

25 of the employee. 


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1 (ii) RATE.—Reimbursement under 

2 clause (i) shall be at the applicable rate de3 scribed in paragraph (3). 

4 (5) CARRYOVER.—An employee may use not 

5 more than 40 hours of paid annual leave earned 

6 under subsection (a)(1) in a 12-month period during 

7 the following 12-month period. 

8 (c) PROCEDURES FOR USE OF PAID ANNUAL

9 LEAVE.— 

10 (1) IN GENERAL.—Subject to paragraphs (2) 

11 and (3), an employee may use paid annual leave 

12 earned under subsection (a)(1) upon the verbal or 

13 written request of the employee. 

14 (2) EMPLOYEE NOTIFICATION.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), an employer may require an 

17 employee provide the request under paragraph 

18 (1) to the employer on a day that is— 

19 (i) before the day on which the em20 ployee intends to use the paid annual 

21 leave; and 

22 (ii) not more than 14 days before the 

23 day on which the employee intends to use 

24 the paid annual leave. 


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•S 4003 IS

1 (B) EMERGENCY.—Notwithstanding sub2 paragraph (A), an employer shall waive any no3 tice requirement and allow the use of paid an4 nual leave earned under subsection (a)(1) in the 

5 case of an emergency or a situation in which an 

6 employee can not provide timely notice to an 

7 employer for the use the paid annual leave. 

8 (3) REASONABLE RESTRICTIONS.—Notwith9 standing paragraph (1), an employer may— 

10 (A) place limited, reasonable restrictions 

11 regarding the scheduling of paid annual leave 

12 earned under subsection (a)(1); and 

13 (B) reject a scheduling request under para14 graph (1) for such leave for a bona fide busi15 ness reason, if the employer provides other rea16 sonable alternative times for the employee to 

17 schedule such leave. 

18 (4) PURPOSE OF USE OF PAID ANNUAL

19 LEAVE.—An employer may not require an employee 

20 to disclose the purpose or reason for which the em21 ployee is using paid annual leave under subsection 

22 (a)(1). 

23 (5) PROHIBITION ON FINDING COVER.—An em24 ployer may not require, as a condition of using paid 

25 annual leave earned under subsection (a)(1), that an 


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•S 4003 IS

1 employee search for or find a replacement worker to 

2 cover the hours during which the employee is using 

3 such paid annual leave. 

4 (d) PROCEDURES REGARDING LEAVE FOR EM5 PLOYEE SEPARATION.— 

6 (1) REIMBURSEMENT.—Upon the termination 

7 of the employment of an employee, the employer of 

8 the employee shall provide financial reimbursement, 

9 at the applicable rate described in subsection (b)(3), 

10 to such employee for all paid annual leave earned by 

11 the employee under subsection (a)(1) that is unused 

12 as of the date of the termination. 

13 (2) REINSTATEMENT.—If the employment of an 

14 employee with an employer is terminated and the 

15 employee is subsequently rehired by the employer 

16 within 12 months after that termination— 

17 (A) the employer shall reinstate the em18 ployee’s previously earned paid annual leave; 

19 and 

20 (B) the employee shall be entitled to use 

21 such leave and earn additional paid annual 

22 leave under subsection (a)(1) at the re23 commencement of employment with the em24 ployer. 


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•S 4003 IS

1 SEC. 4. NOTICE REQUIREMENTS. 

2 (a) NOTICE REQUIREMENT.—An employer shall no3 tify each employee of the employer about the paid annual 

4 leave policy of such employer, which shall include the in5 formation described in subsection (b), by— 

6 (1) providing such information, in writing, to 

7 each employee on or before the first day of employ8 ment of such employee; 

9 (2) including such information in any employee 

10 handbook; and 

11 (3) posting a notice containing such informa12 tion in a physical conspicuous place on the premises 

13 of the employer or a virtual conspicuous place, where 

14 notices to employees are customarily posted. 

15 (b) CONTENTS.—The information provided pursuant 

16 to subsection (a) shall include— 

17 (1) the paid annual leave policy of such em18 ployer, including any paid annual leave policy that 

19 provides paid annual leave in excess of the require20 ments of this Act; 

21 (2) information pertaining to the filing of an 

22 action under section 6; 

23 (3) details of any notice requirement the em24 ployer may require, as described in section 3(c)(2); 

25 and 

26 (4) information regarding— 


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1 (A) the protections that an employee has 

2 in exercising rights under this Act; and 

3 (B) how the employee can contact the Sec4 retary (or other appropriate authority as de5 scribed in section 6) if any such rights are vio6 lated. 

7 SEC. 5. PROHIBITED ACTS. 

8 (a) INTERFERENCE WITH RIGHTS.—It shall be un9 lawful for any employer to interfere with, restrain, or deny 

10 the exercise of, or the attempt to exercise, any right pro11 vided under this Act, including— 

12 (1) discharging or discriminating against (in13 cluding retaliating against) any individual, including 

14 a job applicant, for exercising or attempting to exer15 cise, any right provided under this Act; 

16 (2) using the taking of paid annual leave as a 

17 negative factor in an employment action, such as 

18 hiring, promotion, reducing hours or numbers of 

19 shifts, or a disciplinary action; or 

20 (3) counting paid annual leave under a no-fault 

21 attendance policy or any other absence-control pol22 icy. 

23 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR24 IES.—It shall be unlawful for any person to discharge or 

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•S 4003 IS

1 ating against) any individual, including a job applicant, 

2 because such individual— 

3 (1) has filed an action under section 6, or has 

4 instituted or caused to be instituted any proceeding, 

5 under this Act; 

6 (2) has given, or intends to give, any informa7 tion in connection with any inquiry or proceeding re8 lating to any right provided under this Act; or 

9 (3) has testified, or intends to testify, in any in10 quiry or proceeding relating to any right provided 

11 under this Act. 

12 SEC. 6. ENFORCEMENT AND INVESTIGATIVE AUTHORITY. 

13 (a) IN GENERAL.— 

14 (1) DEFINITION.—In this subsection— 

15 (A) the term ‘‘employee’’ means an em16 ployee described in subparagraph (A), (B), or 

17 (C) of section 2(2); and 

18 (B) the term ‘‘employer’’ means an em19 ployer described in subclause (I) or (II) of sec20 tion 2(3)(A)(i). 

21 (2) INVESTIGATIVE AUTHORITY.— 

22 (A) IN GENERAL.—To ensure compliance 

23 with this Act, or any regulation or order issued 

24 under this Act, the Secretary shall have, subject 

25 to subparagraph (C), the investigative authority 


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•S 4003 IS

1 provided under section 11(a) of the Fair Labor 

2 Standards Act of 1938 (29 U.S.C. 211(a)), 

3 with respect to employers, employees, and other 

4 individuals affected by an employer. 

5 (B) OBLIGATION TO KEEP AND PRESERVE

6 RECORDS.—An employer shall make, keep, and 

7 preserve records pertaining to compliance with 

8 this Act in accordance with section 11(c) of the 

9 Fair Labor Standards Act of 1938 (29 U.S.C. 

10 211(c)) and in accordance with regulations pre11 scribed by the Secretary. 

12 (C) REQUIRED SUBMISSIONS GENERALLY

13 LIMITED TO AN ANNUAL BASIS.—The Secretary 

14 may not require, under the authority of this 

15 paragraph, an employer to submit to the Sec16 retary any books or records more than once 

17 during any 12-month period, unless the Sec18 retary has reasonable cause to believe there 

19 may exist a violation of this Act or any regula20 tion or order issued pursuant to this Act, or is 

21 investigating a charge pursuant to paragraph 

22 (4). 

23 (D) SUBPOENA AUTHORITY.—For the pur24 poses of any investigation provided for in this 

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•S 4003 IS

1 poena authority provided for under section 9 of 

2 the Fair Labor Standards Act of 1938 (29 

3 U.S.C. 209). 

4 (3) PRIVATE RIGHT OF ACTION.— 

5 (A) IN GENERAL.—An action to recover 

6 damages or equitable relief prescribed in sub7 paragraph (B) may be maintained against any 

8 employer in any Federal or State court of com9 petent jurisdiction by an employee or individual 

10 or a representative for and on behalf of— 

11 (i) the employee or individual; or 

12 (ii) the employee or individual and 

13 others similarly situated. 

14 (B) LIABILITY.—Any employer who vio15 lates section 5 (including a violation relating to 

16 rights provided under section 3) shall be liable 

17 to any employee or individual affected— 

18 (i) for damages equal to— 

19 (I) the amount of— 

20 (aa) any wages, salary, em21 ployment benefits, or other com22 pensation denied or lost by rea23 son of the violation; or 

24 (bb) in a case in which 

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1 fits, or other compensation have 

2 not been denied or lost, any ac3 tual monetary losses sustained as 

4 a direct result of the violation up 

5 to a sum equal to 80 hours of 

6 wages or salary for the employee 

7 or individual; 

8 (II) the interest on the amount 

9 described in subclause (I) calculated 

10 at the prevailing rate; and 

11 (III) an additional amount as liq12 uidated damages; and 

13 (ii) for such equitable relief as may be 

14 appropriate, including employment, rein15 statement, and promotion. 

16 (C) FEES AND COSTS.—The court in an 

17 action under this paragraph shall, in addition to 

18 any judgment awarded to the plaintiff, allow a 

19 reasonable attorney’s fee, reasonable expert wit20 ness fees, and other costs to be paid by the de21 fendant. 

22 (D) LIMITATIONS.— 

23 (i) IN GENERAL.—Except as provided 

24 in clause (ii), an action may be brought 

25 under this paragraph or paragraph (4) not 


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•S 4003 IS

1 later than 2 years after the date of the last 

2 event constituting the alleged violation for 

3 which the action is brought. 

4 (ii) WILLFUL VIOLATION.—In the 

5 case of such an action brought for a willful 

6 violation of section 5 (including a willful 

7 violation relating to rights provided under 

8 section 3), such action may be brought not 

9 later than 3 years after the last event con10 stituting the alleged violation for which 

11 such action is brought. 

12 (iii) COMMENCEMENT.—In deter13 mining when an action is commenced 

14 under this paragraph or paragraph (4) for 

15 the purposes of this subparagraph, the ac16 tion shall be considered to be commenced 

17 on the date when the complaint is filed. 

18 (4) ACTIONS BY THE SECRETARY.— 

19 (A) ADMINISTRATIVE ACTIONS.—The Sec20 retary shall receive, investigate, and attempt to 

21 resolve complaints of violations of section 5 in 

22 the same manner that the Secretary receives, 

23 investigates, and attempts to resolve complaints 

24 of violations of sections 6 and 7 of the Fair 


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•S 4003 IS

1 Labor Standards Act of 1938 (29 U.S.C. 206 

2 and 207). 

3 (B) CIVIL ACTION.—The Secretary may 

4 bring an action in any court of competent juris5 diction to recover the damages described in sub6 section (a)(3)(B)(i). 

7 (C) SUMS RECOVERED.—Any sums recov8 ered by the Secretary pursuant to subparagraph 

9 (B) shall be held in a special deposit account 

10 and shall be paid, on order of the Secretary, di11 rectly to each employee or individual affected. 

12 Any such sums not paid to an employee or indi13 vidual affected because of the inability to do so 

14 within a period of 3 years shall be deposited 

15 into the Treasury of the United States as mis16 cellaneous receipts. 

17 (D) ACTION FOR INJUNCTION BY SEC18 RETARY.—The district courts of the United 

19 States shall have jurisdiction, for cause shown, 

20 in an action brought by the Secretary— 

21 (i) to restrain violations of section 5 

22 (including a violation relating to rights 

23 provided under section 3), including the re24 straint of any withholding of wages, salary, 

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•S 4003 IS

1 tion, plus interest, found by the court to be 

2 due to employees or individuals eligible 

3 under this Act; or 

4 (ii) to award such other equitable re5 lief as may be appropriate, including em6 ployment, reinstatement, and promotion. 

7 (E) SOLICITOR OF LABOR.—The Solicitor 

8 of Labor may appear for and represent the Sec9 retary on any litigation brought under this 

10 paragraph. 

11 (5) GOVERNMENT ACCOUNTABILITY OFFICE

12 AND LIBRARY OF CONGRESS.—Notwithstanding any 

13 other provision of this section, in the case of the 

14 Government Accountability Office and the Library of 

15 Congress, the authority of the Secretary under this 

16 subsection shall be exercised respectively by the 

17 Comptroller General of the United States and the 

18 Librarian of Congress. 

19 (b) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

20 3, UNITED STATES CODE.—The powers, remedies, and 

21 procedures provided in chapter 5 of title 3, United States 

22 Code, to the President, the Merit Systems Protection 

23 Board, or any person, alleging a violation of section 

24 412(a)(1) of that title, shall be the powers, remedies, and 

25 procedures this Act provides to the President, that Board, 


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•S 4003 IS

1 or any person, respectively, alleging an unlawful employ2 ment practice in violation of this Act against an employee 

3 described in section 2(2)(D). 

4 (c) EMPLOYEES COVERED BY CONGRESSIONAL AC5 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

6 procedures provided in the Congressional Accountability 

7 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de8 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

9 person, alleging a violation of section 202(a)(1) of that 

10 Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 

11 and procedures this Act provides to that Board, or any 

12 person, alleging an unlawful employment practice in viola13 tion of this Act against an employee described in section 

14 2(2)(E). 

15 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

16 5, UNITED STATES CODE.—The powers, remedies, and 

17 procedures provided in title 5, United States Code, to an 

18 employing agency, provided in chapter 12 of that title to 

19 the Merit Systems Protection Board, or provided in that 

20 title to any person, alleging a violation of chapter 63 of 

21 that title, shall be the powers, remedies, and procedures 

22 this Act provides to that agency, that Board, or any per23 son, respectively, alleging an unlawful employment prac24 tice in violation of this Act against an employee described 

25 in section 2(2)(F). 


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•S 4003 IS

1 (e) REMEDIES FOR STATE EMPLOYEES.— 

2 (1) WAIVER OF SOVEREIGN IMMUNITY.—A 

3 State’s receipt or use of Federal financial assistance 

4 for any program or activity of a State shall con5 stitute a waiver of sovereign immunity, under the 

6 11th Amendment to the Constitution or otherwise, 

7 to a suit brought by an employee of that program 

8 or activity under this Act for equitable, legal, or 

9 other relief authorized under this Act. 

10 (2) OFFICIAL CAPACITY.—An official of a State 

11 may be sued in the official capacity of the official by 

12 any employee who has complied with the procedures 

13 under subsection (a)(3), for injunctive relief that is 

14 authorized under this Act. In such a suit, the court 

15 may award to the prevailing party those costs au16 thorized by section 722 of the Revised Statutes (42 

17 U.S.C. 1988). 

18 (3) APPLICABILITY.—With respect to a par19 ticular program or activity, paragraph (1) applies to 

20 conduct occurring on or after the day, after the date 

21 of enactment of this Act, on which a State first re22 ceives or uses Federal financial assistance for that 

23 program or activity. 

24 (4) PROGRAM OR ACTIVITY DEFINED.—In this 

25 subsection, the term ‘‘program or activity’’ has the 


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25 

•S 4003 IS

1 meaning given the term in section 606 of the Civil 

2 Rights Act of 1964 (42 U.S.C. 2000d–4a). 

3 SEC. 7. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 

4 (a) MORE PROTECTIVE.—Nothing in this Act shall 

5 be construed to diminish the obligation of an employer to 

6 comply with any contract, collective bargaining agreement, 

7 or any employment benefit program or plan that provides 

8 greater paid annual leave or other leave rights to employ9 ees or individuals than the rights established under this 

10 Act. 

11 (b) LESS PROTECTIVE.—The rights established for 

12 employees under this Act shall not be diminished by any 

13 contract, collective bargaining agreement, or any employ14 ment program or plan. 

15 SEC. 8. AWARENESS CAMPAIGN. 

16 (a) IN GENERAL.—Not later than 1 year after the 

17 date of enactment of this Act, the Secretary shall carry 

18 out a public awareness campaign to inform the public 

19 about the earned paid annual leave entitlement established 

20 under this Act, which shall include information about— 

21 (1) the rights provided to an employee under 

22 this Act; and 

23 (2) resources available to an employee if the 

24 employee believes the rights provided under this Act 

25 have been violated. 


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26 

•S 4003 IS

1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section. 

4 SEC. 9. EFFECTIVE DATES. 

5 (a) EFFECTIVE DATE.—Except as provided in sub6 section (b), this Act shall take effect 180 days after the 

7 date of enactment of this Act. 

8 (b) COLLECTIVE BARGAINING AGREEMENTS.—In the 

9 case of an applicable collective bargaining agreement in 

10 effect on the effective date prescribed under subsection 

11 (a), the Act shall take effect on the earlier of— 

12 (1) the date of the termination of such agree13 ment; 

14 (2) the date of any amendment, made on or 

15 after such effective date, to such agreement; or 

16 (3) the date that occurs 18 months after such 

17 effective date. 

Æ 


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